Lott v. Ford Motor Company et al
| Jessie A. Lott |
| Mazda Motor of America, Inc., Ford Motor Company, Mazda Motor Corporation, Inc., Mazda Motor Corporation and Wal-Mart, Inc. |
| 1:2018cv00330 |
| October 12, 2018 |
| US District Court for the Southern District of Mississippi |
| Louis Guirola |
| Robert H Walker |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Personal Injury |
| Both |
Docket Report
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This docket was last retrieved on March 2, 2020. A more recent docket listing may be available from PACER.
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Filing 91
AGREED FINAL JUDGMENT OF DISMISSAL: Ordered that this case is dismissed with prejudice. Signed by District Judge Louis Guirola, Jr on 3/2/20. (JCH)
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| Filing 90 AGREED JUDGMENT OF DISMISSAL: case dismissed with prejudice. Signed by District Judge Louis Guirola, Jr. on 1/8/2020 (wld) |
| Minute Entry for proceedings held before Magistrate Judge Robert H. Walker: TELEPHONIC Status Conference held on 1/8/2020 with attorneys Daniel V. Parish - PHV, James R. Reeves Jr., Jennifer Ann Rogers and Jeffrey P. Hubbard who advised that releases have been signed and they are simply waiting on receipt of the settlement check. All counsel agreed that the Court could close the case at this time and retain jurisdiction to enforce the settlement agreement. (SR) |
| NOTICE of Hearing: TELEPHONIC Status Conference set for 1/8/2020 09:15 AM before Magistrate Judge Robert H. Walker. Plaintiff will place the telephone call to Judge Walker's chambers with all necessary counsel on the line. (SR) |
| NOTICE of Settlement by All Parties per email notification from attorney Jim Reeves. Counsel will submit an Agreed Order of Dismissal to Judge Guirola by December 19, 2019. (SR) |
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Filing 89
MEMORANDUM OPINION AND ORDER granting #55 Motion to Dismiss for Lack of Person Jurisdiction. Plaintiff's claims against Mazda Corporation are dismissed without prejudice. Signed by District Judge Louis Guirola, Jr. on 9/17/2019 (wld)
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| DOCKET ANNOTATION as to # 85. Attorney is advised to type in the deponents name when prompted. Clerk's Office has modified the entry to add the deponent. DOCKET ANNOTATION as to # 85 - # 88. The party Wal-Mart, Inc. should be named exactly how they were named in the Notice of Removal, not as Wal-Mart Stores East, LP. If this party was named incorrectly, a Motion to Change Name should be filed with the court. All future filings should list Wal-Mart, Inc. in the body of the documents and above the signature line, until there is an order on file changing the name. (JCH) |
| Filing 88 NOTICE to Take Deposition of Monica Henderson by Wal-Mart, Inc. (Hubbard, Jeffrey) |
| Filing 87 NOTICE to Take Deposition of Deputy Tommy Henderson by Wal-Mart, Inc. (Hubbard, Jeffrey) |
| Filing 86 NOTICE to Take Deposition of Deputy Pam Anderson by Wal-Mart, Inc. (Hubbard, Jeffrey) |
| Filing 85 NOTICE to Take Deposition of Jessie A. Lott by Wal-Mart, Inc. (Hubbard, Jeffrey) Modified to type in deponents name on 9/12/2019 (JCH). |
| Filing 84 NOTICE to Take Deposition of Deputy Pam Anderson, Deputy Tommy Henderson, & Monica Henderson by Mazda Motor of America, Inc. (Rogers, Jennifer) |
| Filing 83 NOTICE to Take Deposition of Plaintiff, Jessie Lott by Mazda Motor of America, Inc. (Rogers, Jennifer) |
| Filing 82 NOTICE of Service of Response to Request for Admissions by Jessie A. Lott (Ardis, Patrick) |
| Filing 81 Subpoena Returned Executed as to West Body Shop. (Rogers, Jennifer) |
| Filing 80 NOTICE OF INTENT TO SERVE SUBPOENA Upon WEST BODY SHOP by Mazda Motor of America, Inc. (Attachments: #1 Exhibit A-Subpoena to West Body Shop)(Rogers, Jennifer) |
| DOCKET ANNOTATION as to # 79. Attorney is advised to also file this document as a Notice of Service of Request for Production, using the same pdf. (JCH) |
| Filing 79 NOTICE of Service of Requests for Production and Interrogatories by Jessie A. Lott (Ardis, Patrick) |
| Filing 78 Subpoena Returned Executed as to Greene County E-911 Office. (Strain, Stacey) |
| Filing 77 Subpoena Returned Executed as to Greene County Sheriff's Department. (Strain, Stacey) |
| Filing 76 NOTICE of Service of First Set of Request for Admissions by Mazda Motor of America, Inc. (Rogers, Jennifer) |
| Filing 75 Subpoena Returned Executed as to LIL' TIRE SHOPPE TIRE PROS. (Strain, Stacey) |
| DOCKET ANNOTATION as to #75. Counsel should use the correct Judge's initials on future filings. 1:18cv330LG-RHW. Counsel does not need to re-file. (wld) |
| Filing 74 REPLY to Response to Motion re #55 MOTION to Dismiss filed by Mazda Motor Corporation (Rogers, Jennifer) |
| Filing 73 NOTICE OF INTENT TO SERVE SUBPOENA UPON RESCUE 7 by Wal-Mart, Inc. (Attachments: #1 Exhibit A - Subpoena Duces Tecum to Rescue 7)(Strain, Stacey) |
| Filing 72 NOTICE OF INTENT TO SERVE SUBPOENA UPON MISSISSIPPI DEPARTMENT OF TRANSPORTATION, DISTRICT 6 by Wal-Mart, Inc. (Attachments: #1 Exhibit A - Subpoena Duces Tecum to Mississippi Department of Transporation)(Strain, Stacey) |
| Filing 71 Subpoena Returned Executed as to New Century Tires. (Strain, Stacey) |
| Filing 70 Subpoena Returned Executed as to South Mississippi Correctional Institute Fire Department. (Strain, Stacey) |
| Filing 69 RESPONSE in Opposition re #55 MOTION to Dismiss filed by Jessie A. Lott (Attachments: #1 Exhibit EX A- Nace+FMC RESP TO IROG SET)(Ardis, Patrick) |
| Filing 68 Subpoena Returned Executed as to Mississippi Highway Patrol - Troop J. (Strain, Stacey) |
| Filing 67 Subpoena Returned Executed as to Sand Hill Volunteer Fire Department. (Strain, Stacey) |
| Filing 66 NOTICE OF INTENT TO SERVE SUBPOENA UPON GREENE COUNTY SHERIFF'S DEPARTMENT by Wal-Mart, Inc. (Attachments: #1 Exhibit A - Subpoena Duces Tecum to Greene County Sheriff's Department)(Strain, Stacey) |
| Filing 65 NOTICE OF INTENT TO SERVE SUBPOENA UPON MISSISSIPPI HIGHWAY PATROL - TROOP J by Wal-Mart, Inc. (Attachments: #1 Exhibit A - Subpoena Duces Tecum to Mississippi Highway Patrol - Troop J)(Strain, Stacey) |
| Filing 64 NOTICE OF INTENT TO SERVE SUBPOENA UPON NEW CENTURY TIRES by Wal-Mart, Inc. (Attachments: #1 Exhibit A - Subpoena Duces Tecum to New Century Tires)(Strain, Stacey) |
| Filing 63 NOTICE OF INTENT TO SERVE SUBPOENA UPON LIL' TIRE SHOPPE TIRE PROS by Wal-Mart, Inc. (Attachments: #1 Exhibit A - Subpoena Duces Tecum to Lil' Tire Shoppe Tire Pros)(Strain, Stacey) |
| Filing 62 NOTICE OF INTENT TO SERVE SUBPOENA UPON SOUTH MISSISSIPPI CORRECTIONAL INSTITUTE FIRE DEPARTMENT by Wal-Mart, Inc. (Attachments: #1 Exhibit A - Subpoena Duces Tecum to South MS Correctional Institute Fire Department)(Strain, Stacey) |
| Filing 61 NOTICE of Service of Request for Production by Wal-Mart, Inc. (Strain, Stacey) |
| Filing 60 NOTICE of Service of Interrogatories by Wal-Mart, Inc. (Strain, Stacey) |
| Filing 59 NOTICE OF INTENT TO SERVE SUBPOENA UPON SAND HILL VOLUNTEER FIRE DEPARTMENT by Wal-Mart, Inc. (Attachments: #1 Exhibit A - Subpoena Duces Tecum to Sand Hill Volunteer Fire Department)(Strain, Stacey) |
| Filing 58 NOTICE OF INTENT TO SERVE SUBPOENA UPON GREENE COUNTY E-911 OFFICE by Wal-Mart, Inc. (Attachments: #1 Exhibit A - Subpoena Duces Tecum to Greene County E-911 Office)(Strain, Stacey) |
| Filing 57 NOTICE of Service of Rule 26(a)(1) Initial Disclosure by Wal-Mart, Inc. (Hubbard, Jeffrey) |
| Docket Annotation as to Doc. #55. L.U.Civ.R. 7(b)(2) requires that all supporting exhibits to a document be denominated by an exhibit letter or number and a meaningful description. Attorney is advised to follow this rule in future filings by including the exhibit letter or number on each exhibit.(wld) |
| Filing 56 MEMORANDUM in Support re #55 MOTION to Dismiss filed by Mazda Motor Corporation (Rogers, Jennifer) |
| Filing 55 MOTION to Dismiss by Mazda Motor Corporation (Attachments: #1 Exhibit A - MMC Service Documents, #2 Exhibit B - Declaration of Osamu Yamashina, #3 Exhibit C- Title History Documents, #4 Exhibit D- Mazda Warranty Veh Inquiry, #5 Exhibit E - CARFAX)(Rogers, Jennifer) |
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TEXT ONLY ORDER granting #54 Motion for Extension of Time to Amend. The Court will enter an amended scheduling order. No further written order will issue. Signed by Magistrate Judge Robert H. Walker on 6/18/2019 (SR)
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| Minute Entry for proceedings held before Magistrate Judge Robert H. Walker: TELEPHONIC Motion Hearing held on 6/18/2019 re #54 Unopposed MOTION for Extension of Time to Amend #18 Case Management Order, filed by Wal-Mart, Inc. with attorneys Daniel V. Parish - PHV, James R. Reeves Jr., Jennifer Ann Rogers, Jeffrey P. Hubbard and Stacey L. Strain. The Court will enter an amended scheduling order. (SR) |
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TEXT ONLY AMENDED SCHEDULING ORDER: Designate Experts Plaintiff Deadline due by 12/2/2019. Designate Experts for Defendant Deadline due by 1/15/2020. Discovery due by 4/2/2020. Motions due by 4/23/2020. Settlement Conference set for 8/11/2020 01:30 PM in Chambers 870 (Gulfport) Walker before Magistrate Judge Robert H. Walker. Pretrial Conference set for 10/21-22/2020 09:00 AM in Courtroom 806 (Gulfport) Guirola before District Judge Louis Guirola Jr. Jury Trial set during a three-week term of Court beginning on 11/2/2020 09:00 AM in Courtroom 806 (Gulfport) Guirola before District Judge Louis Guirola Jr. Proposed Pretrial Order due by 10/21/2020. EDT: 10-14 days. No further written order will issue. Signed by Magistrate Judge Robert H. Walker on 6/18/2019 (SR)
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| NOTICE of Hearing on Motion #54 Unopposed MOTION for Extension of Time to Amend #18 Case Management Order, : TELEPHONIC Motion Hearing set for 6/18/2019 09:15 AM before Magistrate Judge Robert H. Walker. Movant will place the telephone call to Judge Walker's chambers with all necessary counsel on the line. (SR) |
| Filing 54 Unopposed MOTION for Extension of Time to Amend #18 Case Management Order,,, by Wal-Mart, Inc. (Hubbard, Jeffrey) |
| Filing 53 ANSWER to #17 Amended Complaint by Mazda Motor Corporation.(Rogers, Jennifer) |
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Filing 52
ORDER granting #51 Motion to Appear Pro Hac Vice. Dave M. Tarlow shall be admitted pro hac vice to serve as co-counsel for the defendant Wal-Mart, Inc. (Wal-Mart Stores East, LP). Signed by Magistrate Judge Robert H. Walker on May 15, 2019. (Joffe, Scherry)
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| Filing 51 MOTION for Dave M. Tarlow to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number 0538-3988537) by Wal-Mart, Inc. (Attachments: #1 Attachment Certificate of Good Standing - Dave M. Tarlow)(Hubbard, Jeffrey) |
| Filing 50 ANSWER to #34 Amended Complaint by Wal-Mart, Inc..(Hubbard, Jeffrey) |
| Filing 49 Corporate Disclosure Statement by Wal-Mart, Inc. (Hubbard, Jeffrey) |
| Filing 48 NOTICE of Appearance by Stacey L. Strain on behalf of Wal-Mart, Inc. (Strain, Stacey) |
| Filing 47 NOTICE of Appearance by Jeffrey P. Hubbard on behalf of Wal-Mart, Inc. (Hubbard, Jeffrey) |
| Filing 46 SUMMONS Returned Executed by Jessie A. Lott. Wal-Mart, Inc. served on 4/8/2019, answer due 4/29/2019. (Ardis, Patrick) |
| Filing 45 (DISREGARD)Subpoena Returned Executed as to Wal-Mart, Inc. (Ardis, Patrick) Modified on 4/15/2019 (wld). |
| DOCKET ANNOTATION as to #45. Incorrect event code selected. Please disregard. Document will be refiled correctly. (wld) |
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Filing 44
PROTECTIVE ORDER granting #43 Motion for Protective Order. Signed by Magistrate Judge Robert H. Walker on April 3, 2019. (Joffe, Scherry)
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| Filing 43 Unopposed MOTION for Protective Order Governing Confidential Documents by Ford Motor Company, Mazda Motor of America, Inc. (Attachments: #1 Exhibit A - proposed Protective Order Governing Confidential Documents)(Rogers, Jennifer) |
| Filing 42 ANSWER to #34 Amended Complaint by Ford Motor Company.(Rogers, Jennifer) |
| Filing 41 ANSWER to #34 Amended Complaint by Mazda Motor of America, Inc..(Rogers, Jennifer) |
| Filing 40 NOTICE of Service of Plaintiff's ) Response to Request for Production by Jessie A. Lott (Reeves, James) |
| Filing 39 NOTICE of Service of Plaintiff's Response to Def MMA Interrogatories Response to Interrogatories by Jessie A. Lott (Reeves, James) |
| Filing 38 NOTICE of Service of Plaintiff's Response to Request for Production by Jessie A. Lott (Reeves, James) |
| Filing 37 NOTICE of Service of Plaintiff's Response to Interrogatories by Jessie A. Lott (Reeves, James) |
| Filing 36 NOTICE OF INTENT TO SERVE SUBPOENA for DriveTime Car Sales Company, LLC by Jessie A. Lott (Attachments: #1 Exhibit DriveTime Subpoena)(Ardis, Patrick) |
| Filing 35 Summons Issued as to Wal-Mart, Inc. (wld) |
| DOCKET ANNOTATION as to #34. Clerk has changed the name of the defendant Wal-Mart to Wal-Mart, Inc. per the style on the amended complaint filed 2/19/2019. Counsel should list the defendant correctly on future filings and on any summons to be issued. (wld) |
| Filing 34 SECOND AMENDED COMPLAINT against Ford Motor Company, Mazda Motor Corporation, Mazda Motor of America, Inc. and Wal-Mart, filed by Jessie A. Lott.(Ardis, Patrick) Modified on 3/5/2019 (SAM). |
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TEXT ONLY ORDER granting #33 unopposed Motion to Amend/Correct complaint. NO FURTHER WRITTEN ORDER WILL ISSUE. Signed by Magistrate Judge Robert H. Walker on February 19, 2019. (Joffe, Scherry)
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| Filing 33 MOTION to Amend/Correct Complaint (Second Amended Complaint) re #17 by Jessie A. Lott (Attachments: #1 Exhibit A - Second Amended Complaint)(Ardis, Patrick) Modified on 2/15/2019 (wld). |
| Filing 32 NOTICE of Service of Response to Request for Production by Ford Motor Company (Rogers, Jennifer) |
| Filing 31 NOTICE of Service of Response to Interrogatories by Ford Motor Company (Rogers, Jennifer) |
| Filing 30 NOTICE of Service of Response to Request for Production by Mazda Motor of America, Inc. (Rogers, Jennifer) |
| Filing 29 NOTICE of Service of Response to Interrogatories by Mazda Motor of America, Inc. (Rogers, Jennifer) |
| DOCKET ANNOTATION as to #33. Clerk deleted the text "proposed order submitted" from the docket text and added link to document #17 which is the first amended complaint, the document requesting to be amended. (wld) |
| Filing 28 NOTICE of Service of Request for Production by Ford Motor Company (Rogers, Jennifer) |
| Filing 27 NOTICE of Service of Interrogatories by Ford Motor Company (Rogers, Jennifer) |
| Filing 26 NOTICE of Service of Request for Production by Mazda Motor of America, Inc. (Rogers, Jennifer) |
| Filing 25 NOTICE of Service of Interrogatories by Mazda Motor of America, Inc. (Rogers, Jennifer) |
| Filing 24 NOTICE of Service of Request for Production by Jessie A. Lott (Ardis, Patrick) |
| Filing 23 *** DISREGARD *** NOTICE of Service of Requests to Mazda for Production and Interrogatories by Jessie A. Lott (Ardis, Patrick) Modified on 12/21/2018 (PKS). |
| Filing 22 NOTICE of Service of Interrogatories by Jessie A. Lott (Ardis, Patrick) Modified on 12/21/2018 to correct docket text (PKS). |
| DOCKET ANNOTATION as to #23: Incorrect event chosen. Attorney is advised to refile this document as a Notice of Service of Request for Production. This document will be disregarded on the docket. (PKS) |
| Filing 21 ANSWER to #17 Amended Complaint by Ford Motor Company.(Rogers, Jennifer) |
| Filing 20 ANSWER to #17 Amended Complaint by Mazda Motor of America, Inc..(Rogers, Jennifer) |
| Filing 19 Summons Issued as to Mazda Motor Corporation. (wld) |
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Filing 18
CASE MANAGEMENT ORDER: Jury Trial set during a three-week term of Court beginning on 7/6/2020 09:00 AM in Courtroom 806 (Gulfport) Guirola before District Judge Louis Guirola Jr. Pretrial Conference set for 6/24-25/2020 09:00 AM in Courtroom 806 (Gulfport) Guirola before District Judge Louis Guirola Jr. Discovery due by 1/21/2020. Motions for Amended Pleadings due by 2/15/2019. Motions for Joinder of Parties due by 2/15/2019. Designate Experts Plaintiff Deadline due by 8/1/2019. Designate Experts for Defendant Deadline due by 9/16/2019. Motions due by 2/11/2020. Settlement Conference set for 4/21/2020 09:30 AM in Chambers 870 (Gulfport) Walker before Magistrate Judge Robert H. Walker. ADR Report due by 6/17/2020. Proposed Pretrial Order due by 6/24/2020. EDT: 10-14 days. Parties do not consent. Signed by Magistrate Judge Robert H. Walker on 12/13/2018 (SR)
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| Minute Entry for proceedings held before Magistrate Judge Robert H. Walker: Telephonic Case Management Conference held on 12/13/2018 with attorneys Daniel V. Parish - PHV, James R. Reeves Jr., Jennifer Ann Rogers and David L. Ayers. (SR) |
| DOCKET ANNOTATION as to #17. Clerk has changed the name of defendant from Mazda Motor Corporation, Inc. to Mazda Motor Corporation. Counsel should not attach the summons to the complaint but should mail two summons to the clerk for issuance. The summons should not be "Alias" since the defendant is a new defendant with a different name. (wld) |
| Filing 17 AMENDED COMPLAINT (First) against All Defendants, filed by Jessie A. Lott. (Attachments: #1 Summons Alias Summons for Mazda Motor Corporation)(Ardis, Patrick) |
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TEXT ONLY ORDER granting #13 unopposed Motion to Amend/Correct Complaint. NO FURTHER WRITTEN ORDER WILL ISSUE. Signed by Magistrate Judge Robert H. Walker on December 10, 2018. (Joffe, Scherry)
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| Filing 16 NOTICE of Service of Initial Disclosure by Ford Motor Company (Rogers, Jennifer) |
| Filing 15 NOTICE of Service of Initial Disclosure by Mazda Motor of America, Inc. (Rogers, Jennifer) |
| Filing 14 NOTICE of Service of Plaintiff's Rule 26 Initial Disclosure by Jessie A. Lott (Ardis, Patrick) |
| Filing 13 Unopposed MOTION to Amend/Correct for Leave to File First Amended Complaint (proposed order submitted) by Jessie A. Lott (Attachments: #1 Exhibit A - First Amended Complaint)(Ardis, Patrick) |
| Filing 12 Summons Issued as to Mazda Motor Corporation, Inc. (wld) |
| Filing 11 NOTICE of Appearance by David L. Ayers on behalf of Ford Motor Company, Mazda Motor of America, Inc. (Ayers, David) |
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Filing 10
ORDER granting #9 Motion to Appear Pro Hac Vice. Daniel V. Parish shall be admitted pro hac vice to serve as co-counsel for the plaintiff Jessie A. Lott. Signed by Magistrate Judge Robert H. Walker on November 9, 2018. (Joffe, Scherry)
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| DOCKET ANNOTATION as to # 9. The Application for Pro Hac and exhibits (Certificate of Good Standing) are filed as one main document. Exhibits (Certificate of Good Standing) should be scanned separately and docketed as properly identified attachments to the main document within the same docket entry. Attorney is directed to follow this procedure in future filings. L.U.Civ.R. 7.(b)(2). (JCH) |
| Filing 9 MOTION for Daniel V. Parish to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number 0538-3852297) by Jessie A. Lott (Ardis, Patrick) |
| Filing 8 NOTICE of Appearance by Patrick M. Ardis on behalf of All Plaintiffs (Ardis, Patrick) |
| Filing 7 Rule 16(a) Initial Order Telephonic Case Management Conference set for 12/13/2018 09:30 AM before Magistrate Judge Robert H. Walker. (SR) |
| Filing 6 State Court Record by Defendants Ford Motor Company, Mazda Motor of America, Inc. (Rogers, Jennifer) |
| Filing 5 Corporate Disclosure Statement by Ford Motor Company (Rogers, Jennifer) |
| Filing 4 Ford Motor Company ANSWER to Complaint with Jury Demand by Ford Motor Company.(Rogers, Jennifer) |
| Filing 3 Corporate Disclosure Statement by Mazda Motor of America, Inc. (Rogers, Jennifer) |
| Filing 2 Mazda Motor of America, Inc. d/b/a Mazda North American Operations ANSWER to Complaint with Jury Demand by Mazda Motor of America, Inc..(Rogers, Jennifer) |
| Filing 1 NOTICE OF REMOVAL by Ford Motor Company, Mazda Motor of America, Inc. from Circuit Court of Greene County, Mississippi, case number 18-00083. ( Filing fee $ 400.00 receipt number 0538-3831447) If the complete state court record is not attached as an Exhibit to the Petition for Removal, pursuant to Rule L.U.Civ.R. 5(b): within 14 days removing party must electronically file the entire state court record as a single filing; and all parties shall, within fourteen days after the Case Management Conference, file as separate docket items any unresolved motions that were filed in state court which they wish to advance. (Attachments: #1 Exhibit A - State Court Complaint and Summons, #2 Exhibit B - Certificate of State Court Record from Circuit Court of Greene County, #3 Civil Cover Sheet)(PKS) |
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